(a) Purpose. This section is adopted in the interest of public safety, and is designed to promote the general peace, health, safety and welfare of the residents of the Village.
(b) Scope. The provisions outlined herein are and shall be applied to the use of all properties with the Village, including Village-owned property, public streets, public sidewalks, and public rights-of-way.
(c) Allowable Burning. Open burning shall be allowed without prior notification to the Code Official or authorized representative for: recreational fires (i.e., outdoor cooking, campfires), highway safety flares, smudge pots, outdoor barbecues and similar domestic or occupational needs. Allowable burning without a permit shall satisfy the following:
(1) Containers. Such burning is allowable only when contained within a metal, brick or similar fireproof receptacle specifically designed for containing fire.
(2) Fire training. Fires purposely set for actual instruction and training of industrial and residential firefighting personnel shall be allowed.
(d) Permit Required.
(1) Open burning within the Village other than open burning permitted by division (c) of this section shall be allowed only after obtaining a written permit from the Fire Chief, or his or her designee.
(2) An open burning permit application shall contain the following information:
A. The name, address and telephone number of the person(s), entity or organization seeking to conduct the open burning;
B. The street or other public property and the specific area or areas which will be utilized in connection with the proposed open burning permit;
C. The materials proposed to be burned:
D. The hours when the open burning will take place; and
E. A statement to be signed by the person seeking the permit that the permittee will hold harmless and indemnify the Village, its elected officials, officers, employees and agents from any damages which may arise as a result of the conduct of the parade or assembly for which the permit is sought by persons who were or reasonably should have been under the control of the permittee.
(3) The following criteria shall apply to issuance or denial of a permit. The permit shall be issued unless there is a finding that:
A. The applicant has knowingly made any false, misleading or fraudulent statement of material fact in the application;
B. The proposed location of the open burning represents a danger to neighboring property owners or represents a potential danger of creating an uncontrolled fire that would necessitate a response from the Village Fire Department;
C. The propose open burning would impair, obstruct, impair or interfere with the public's use of any public street, sidewalk or rights-of-way;
D. Except as authorized in division (c) of this section, the proposed open burning is to take place on Village-owned property, any public street, public sidewalk, or other Village rights-of-way;
E. The proposed open burning is planned for any time other that during daylight hours;
F. The proposed open burning would result in a violation of any Federal, State or local law or regulation.
(e) Open Burning Allowed by Permit Only. Open burning by permit shall be allowed only for natural materials such as leaves, grass or brush and shall be permitted only while a person of mature age and judgment is in constant attendance while such fire is burning. Permitted open burning shall comply with the following:
(1) Domestic fires. Open burning shall be allowed on occupied residential property for the purpose of property maintenance.
(2) Size of fires. Fires must be of a manageable size so as to allow the attendant/permit holder complete control.
(3) Hours of burning. Shall be during hours of daylight only.
(4) Location of burning. Shall be allowed on the real property of the permit holder, excluding rights-of-way and as limited by division (g) of this section.
(5) Other requirements.
A. The permittee must take precaution to prevent the fire from escaping the control of the permittee.
B. The permittee must have sufficient manpower and tools to control the fire permitted under this section.
(f) Special Permit Required. The following fire types shall be allowed after the completion of a preliminary inspection of the fire site by the Yellow Springs Fire Chief, or his or her designee:
(1) Bonfires. A bonfire shall only be allowed under conditions outlined by the BOCA National Fire Prevention Code, most current edition, as published by the Building Officials and Code Administrators International, Inc.
(2) Specific occupancies. Burning at school and church properties or convalescent or nursing homes or group homes for the aged or mentally or physically challenged, for any reason, recreational or other.
(3) Fireworks. As outlined in Section F-2700 of the BOCA Fire Prevention Code.
(g) Open Burning Prohibited. The following acts are expressly prohibited within the boundaries of the Village. The Code Official or authorized representative will order the extinguishment, by the responsible person, or the Fire Department at the expense of the responsible person, of any open burning, whether initially permitted or not, described in this section.
(1) Hours of darkness. There shall be no burning allowed during hours of darkness, and all permit required, legal fires herein described shall be extinguished prior to hours of darkness.
(2) Flammable liquids for ignition. It is forbidden without question to use a flammable accelerant to ignite any fire.
(3) Location. Burning shall not be permitted:
A. Within 15 feet of any lot line.
B. Within 50 feet of any structure, tree, shrubs or other flammable material.
C. Upon any public roadway, sidewalk, public right-of-way, or other Village-owned property.
(4) Public nuisance. Open burning which is offensive or objectionable due to smoke or odor emissions; which creates a nuisance or hazard to the health or safety of persons or property shall be prohibited.
(5) Structures. The burning of any structure for the purpose of disposal of that structure is prohibited, except under the provisions in division (e) of this section.
(6) Materials of construction. There will be no burning of construction waste or scrap, discarded building components or structural members of any kind under any circumstances, except under the provisions in division (e) of this section.
(7) Construction sites. No person, firm, corporation, partnership, limited liability company or other entity shall burn, cause to be burned or incinerate any material, item or thing whatsoever, including, but not limited to, branches, stumps and building materials, on any construction site, building site, landscaping site or land clearing site. Combustible rubbish or trash shall be removed daily, and shall not be disposed of by burning. The entire premises and the area adjoining and around the construction site shall be maintained and be kept in a safe and sanitary condition and be free of the accumulation of combustible rubbish, trash, litter and debris and excess construction materials.
(8) Hazardous materials. There will be no burning of rubber, tar, bituminous materials, asphalt, petroleum-based products such as tar paper or shingles, or other products manufactured from petroleum hydrocarbons, or any highly flammable, toxic or explosive materials.
(9) Production of foul odors. No person shall burn garbage, animal carcasses or excrement, refuse, trash, rubbish or like material giving off foul odors, at any time.
(h) Responsibility for Costs or Damages. Any person or persons who shall set, or start or fuel an open fire without receiving a permit as required by this section, shall pay to the Village a service charge for costs and damages incurred by the Village in containing, controlling, or extinguishing such a fire. These charges are those incurred by reason of calling out the Yellow Springs Fire Department or any other fire department. The Village Clerk will submit a bill to, and may sue in any court of competent jurisdiction for its service charges as civil damages and may recover such costs and expenses incurred by the Village and the Township Fire Department from any person who sets such a fire for the total cost of the fire run for personnel, equipment and administrative fees, per the current Village fee schedule, which may be adopted by resolution of the Village Board.
(1) Costs or damages defined. Costs or damages include reimbursement for wages, including overtime, fringes and benefits for Village employees involved in any enforcement of this section; expenses associated with equipment for normal wear and tear, damages, lost or destroyed; expenses associated with claims as a result of injury sustained by employees or injuries and damages for which the Village is held responsible occurring to third persons or property, including, but not limited to, all costs of defense.
(2) Reserved.
(i) Enforcement. It shall be the duty of the Yellow Springs Fire Chief, or his or her designee, to enforce the provisions of this section.
(j) Penalty. In addition to other penalties which may be provided elsewhere, knowing violation of this section shall constitute a misdemeanor of the fourth degree.
(Ord. 2004-14. Passed 4-5-04.)